Terms of Service

Effective Date: April 22, 2026 | Last Updated: April 22, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and MedAuxilium LLC, a California limited liability company ("Company," "we," "us") governing your use of ClaraCare OS ("Platform"). By creating an account or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

2. Description of Service

ClaraCare OS is a cloud-based SaaS platform providing facility management tools for residential and long-term care operators, including but not limited to Residential Care Facilities for the Elderly (RCFEs), Assisted Living Facilities (ALFs), Skilled Nursing Facilities (SNFs), Rehabilitation facilities, and Home Health Agencies (HHAs). Features include resident and patient management, electronic medication administration records (eMAR), compliance documentation, staff scheduling, AI-assisted workflows (VERA), and related functionality.

3. Eligibility

You must be at least 18 years old and authorized to enter binding contracts on behalf of your facility or organization. The Platform is intended for licensed care facility operators, administrators, and healthcare professionals in California and other applicable jurisdictions.

4. Account Registration

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify us immediately of any unauthorized access at [email protected]. We reserve the right to terminate accounts that violate these Terms.

5. Subscription and Payment

• Subscriptions are billed monthly in advance via Stripe, our payment processor.
• Plans: Lite ($199/mo), Essentials ($499/mo), Professional ($999/mo).
• Subscriptions automatically renew unless cancelled before the renewal date.
• Price changes will be communicated with at least 30 days notice.
• Failure to pay may result in suspension or termination of access.

6. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of HIPAA, CMS regulations, state health department rules, California Title 22, CDSS requirements, or other applicable federal or state law
• Attempt to reverse engineer, decompile, or extract source code
• Share account credentials with unauthorized users
• Upload malicious code, viruses, or harmful content
• Use VERA AI to generate false medical records or fraudulent documentation
• Resell or sublicense access to the Platform without written consent

7. HIPAA and Healthcare Compliance

You are responsible for ensuring your use of the Platform complies with HIPAA, applicable federal and state healthcare laws, and all regulations governing your facility type. ClaraCare OS is designed to operate as a HIPAA Business Associate and will execute a Business Associate Agreement (BAA) upon request. You remain the covered entity responsible for your residents' and patients' PHI.

8. AI Features (VERA)

VERA AI is designed to assist — not replace — clinical judgment. AI-generated content must be reviewed and approved by qualified staff before use in official records. We make no warranties that AI outputs are accurate, complete, or suitable for clinical decision-making. You bear full responsibility for any records submitted to regulatory bodies.

9. Intellectual Property

ClaraCare OS, VERA, and all platform content are owned by MedAuxilium LLC. We grant you a limited, non-exclusive, non-transferable license to use the Platform during your subscription. Your facility's data remains yours — we do not claim ownership of your residents' or patients' records or operational data.

10. Confidentiality

Both parties agree to maintain the confidentiality of non-public information shared in connection with this agreement. We will not disclose your facility's operational data to competitors or third parties except as required by law or described in our Privacy Policy.

11. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. VERA AI OUTPUTS ARE NOT MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDAUXILIUM LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 3 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless MedAuxilium LLC from any claims, damages, or expenses arising from your use of the Platform, violation of these Terms, or violation of applicable law.

14. Termination

Either party may terminate this agreement with 30 days written notice. We may terminate immediately for material breach. Upon termination, your access will cease and we will retain your data for 90 days during which you may export it. After 90 days, data may be deleted per our retention policy.

15. Governing Law

These Terms are governed by the laws of the State of California. Any disputes shall be resolved in the courts of Orange County, California. You waive any right to a jury trial for disputes arising from these Terms.

16. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or platform notice at least 30 days in advance. Continued use after the effective date constitutes acceptance.

17. Contact

MedAuxilium LLC — ClaraCare OS
Fullerton, California
Email: [email protected]